Joseph McKenna, McKinley Creek Mining Company v…
“ Justice Johnson in that case become apposite:'That an alien can taken by deed, and can hold until office found, must now be regarded as a positive rule of law, so well established that the reason of the rule is little more than a subject for the antiquary. It no doubt owes its present authority, if not its origin, to a regard to the peace of society and a desire to protect the individual from arbitrary aggression. ”
Joseph McKenna, McKinley Creek Mining Company v…
“ That the discovery of mineral is a precedent condition to the making of a valid location, and that Hackley was the first to discover gold. (2) That the locations relied on by appellees were invalid because they were not 'distinctly marked on the ground, or otherwise designated as required by law.' (3) That the citizenship of Chisholm and Hall was put at issue by the pleadings, and no evidence was offered to establish it, but, on the contrary, the power of attorney under which Cahoon acted represents them to be citizens of British Columbia. ”
Joseph McKenna, McKinley Creek Mining Company v…
“ For an understanding and consideration of the other contentions of appellants it is only necessary to indicate the propositions which the evidence of the parties tended to establish. On the part of the plaintiffs (appellees) the evidence tended to show that Dan. Sutherland, James Hanson, William Chisholm, and Jack Dalton, who compose the appellee company, and Peter Hall, and one Hawes, and C. P. Cahoon, were working at Pleasant camp in Alaska for William Chisholm on and prior to October, 1898. ”
